Cosby accuser's bid to revive defamation suit rejected by U.S. court

The lawsuit, filed by Kathrine McKee, revolved around aletter that an attorney for Cosby sent New York's Daily News in2014 as a wave of women was coming forward to accuse thecomedian of a string of sexual assaults dating back to the1960s.

The statute of limitations on the alleged crimes had longexpired, leading some accusers to pursue civil lawsuits, such asMcKee's. The lawsuits and accusations by dozens of womenshattered the family-friendly reputation Cosby built in a careerhighlighted by his role in the 1980s television hit The CosbyShow.

Cosby, 80, has denied wrongdoing, saying any encounters withhis accusers were consensual. He is awaiting an April retrial inPennsylvania on charges he sexually assaulted a formerbasketball coach at his alma mater, Temple University.

McKee argued in her suit that the attorney's letter to thenewspaper called her a liar by saying the article was"defamatory, characterizing her claims as "wild" and suggestingshe had a criminal record.

But the 1st U.S. Circuit Court of Appeals in Boston stood bya lower-court ruling that the entertainer could not be sued overthe letter.

The decision found that McKee had made herself a publicfigure by wading into the controversy with Cosby, rejecting herclaim that her dispute with the entertainer was a private one.

As a public figure, McKee would have to prove that Cosby actedwith malice in his response.

"The web of sexual assault allegations implicating Cosby, and internationally renowned comedian commonly referred to as'America's Dad,' constitutes a public controversy," U.S. CircuitJudge Sandra Lynch wrote for the three-judge panel.

William Salo, McKee's attorney, said he disagreed with thedecision and may appeal.

"They're saying just because a famous person rapes you, youbecome a public figure if you complain about it," he said.

Alan Greenberg, a lawyer for Cosby, welcomed the"well-reasoned decision confirming that there was nodefamation."

McKee sued Cosby in 2015, a year after the Nevada residenttold the newspaper he raped her in a Detroit hotel room in 1974.